Forever Chemical Contamination: Understanding Injury Claims

Are you concerned about the potential health effects of “forever chemicals” in your water or everyday products? You’re not alone. Studies estimate that over 200 million Americans are served by water systems where PFAS (per- and polyfluoroalkyl substances) are present.

These man-made chemicals, known for their persistence in the environment and the human body, have been linked to a range of health problems, sparking a growing number of injury claims. This blog post will delve into the complexities of forever chemical contamination and what you need to know about potential legal recourse.

What are Forever Chemicals (PFAS)?

PFAS, or per- and polyfluoroalkyl substances, are a group of synthetic chemicals used in various industries since the 1940s. They are called “forever chemicals” because they don’t break down easily in the environment or the human body. PFAS consist of a chain of carbon atoms bonded to fluorine atoms, creating a stable structure that repels both water and oil. This unique property has led to their widespread use in consumer products and industrial applications.

Common PFAS include:

Perfluorooctanoic acid (PFOA)
Perfluorooctane sulfonic acid (PFOS)
GenX chemicals

These chemicals can persist for decades after production, raising complex questions of causation, foreseeability, and liability.

Where are PFAS Found?

PFAS are found in a surprising number of everyday items, including:

Non-stick cookware: Teflon pans are a common source of exposure.
Food packaging: Grease-resistant wrappers, fast food containers, and microwave popcorn bags often contain PFAS.
Stain-resistant fabrics: Carpets, clothing, and upholstery may be treated with PFAS.
Firefighting foam (AFFF): Used at military bases, airports, and industrial sites.
Cosmetics: Some makeup and personal care products contain PFAS.
Drinking water: PFAS can contaminate water supplies through industrial discharge, military base runoff, and other sources.

Due to their widespread use, most people in the United States have measurable amounts of PFAS in their blood.

How Can PFAS Affect Your Health?

Exposure to PFAS has been linked to a range of adverse health effects, including:

Increased cholesterol levels
Changes in liver enzymes
Decreased vaccine response in children
Increased risk of high blood pressure in pregnant women
Small decreases in birth weight
Thyroid hormone disruption
Ulcerative colitis
Increased risk of kidney and testicular cancer
Pregnancy-induced hypertension and preeclampsia
Liver damage
Immune effects
Fertility problems
Developmental problems in children
Increased risk of breast cancer

It’s important to note that research is ongoing to fully understand the long-term health effects of PFAS exposure.

Understanding Injury Claims Related to Forever Chemicals

If you’ve been exposed to PFAS and developed health problems, you may be eligible to file a personal injury claim. These lawsuits typically target manufacturers and distributors of PFAS-containing products, alleging that they knew about the risks but failed to warn the public.

Who Can File a PFAS Lawsuit?

Generally, you may be eligible to file a PFAS lawsuit if you meet the following criteria:

You have been diagnosed with certain illnesses, such as kidney cancer, testicular cancer, ulcerative colitis, or liver cancer.
You drank from a contaminated water supply for a significant period (e.g., at least six months between 1990 and the present).
You can demonstrate a link between your exposure to PFAS and your illness.

What Compensation Can You Recover?

If your PFAS injury claim is successful, you may be able to recover compensation for:

Medical expenses: Current and future costs of treatment related to your PFAS exposure.
Lost income: Wages lost due to your illness, including past and future earnings.
Pain and suffering: Compensation for the physical and emotional distress caused by your injuries.
Punitive damages: In some cases, you may be able to recover punitive damages if the manufacturer’s conduct was particularly egregious.

Key Evidence in PFAS Cases

Building a strong PFAS injury claim requires solid evidence, including:

Medical records: Documenting your diagnosis and treatment.
Employment records: If the exposure occurred at work.
Environmental testing results: Showing PFAS contamination in your home or community.
Expert testimony: Linking PFAS exposure to your health problems.

Statute of Limitations

It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. The specific time limit varies by state and the type of claim. In many states, the statute of limitations for product liability cases is two years, but it can range from one to six years. The clock typically starts ticking when your PFAS injury developed or was reasonably discovered.

The PFAS Litigation Landscape

PFAS litigation is a rapidly evolving area of law. Thousands of lawsuits have been filed across the United States, targeting various manufacturers and industries. Many of these cases have been consolidated into multidistrict litigation (MDL) in South Carolina federal court.

Notable PFAS Lawsuits and Settlements:

3M National Drinking Water Settlement: In 2023, 3M agreed to pay up to $12.5 billion to settle lawsuits from communities across the country with PFAS-contaminated water.
DuPont, Chemours, and Corteva Settlement: These companies offered $1.18 billion to settle PFAS claims from about 300 drinking water providers.
Tyco Fire Products Settlement: Tyco agreed to a $750 million settlement to resolve allegations related to PFAS contamination in U.S. public water systems.
State of New Jersey Settlement: Three chemical companies agreed to pay $2 billion to address environmental contamination caused by PFAS in New Jersey.

These settlements demonstrate the significant financial and legal risks associated with PFAS contamination.

Finding PFAS Contamination Near You

Several resources can help you determine if you’ve been exposed to PFAS in your drinking water:

EWG’s Interactive Map: The Environmental Working Group (EWG) offers an interactive map that tracks PFAS contamination in public and private water systems across the United States.
USA Today PFAS Contamination Map: This map shows public drinking water systems that have recently submitted test results for forever chemicals to the Environmental Protection Agency.
State and Local Health Departments: Contact your local health department for information on PFAS testing and contamination in your area.

What is Being Done to Address PFAS Contamination?

Government agencies and organizations are taking steps to address PFAS contamination:

EPA Regulations: The EPA has set health advisories and proposed regulations to limit PFAS in drinking water. In April 2024, the EPA designated PFOA and PFOS as hazardous substances under the Superfund law.
Monitoring Programs: Public water systems are required to test for PFAS and take action to reduce concentrations if they exceed the new standards.
Cleanup Efforts: The Department of Defense (DOD) is conducting investigations and cleanup efforts at military bases where PFAS may have been used or released.
Research: Ongoing research is aimed at understanding the health effects of PFAS exposure and developing effective remediation technologies.

What Can You Do to Protect Yourself?

While efforts are underway to address PFAS contamination, there are steps you can take to protect yourself and your family:

Test your water: If you rely on a private well, have your water tested for PFAS.
Use a water filter: Consider using a water filter certified to remove PFAS.
Avoid PFAS-containing products: Reduce your use of non-stick cookware, stain-resistant fabrics, and other products that may contain PFAS.
Eat wisely: Limit your consumption of fish from contaminated waters.
Stay informed: Keep up-to-date on the latest news and research related to PFAS.

The Role of Expert Witnesses

Expert witnesses play a crucial role in PFAS litigation, providing specialized knowledge and testimony on complex scientific and technical issues.

Types of Experts in PFAS Cases:

Toxicologists: Assess the toxicity of PFAS and their potential health effects.
Environmental scientists: Investigate the sources and extent of PFAS contamination.
Hydrologists: Study the movement of PFAS in groundwater and surface water.
Medical experts: Provide opinions on the link between PFAS exposure and specific illnesses.
Engineers: Evaluate the design and operation of industrial facilities that use PFAS.

Conclusion

Forever chemical contamination is a serious issue with far-reaching consequences. Understanding the risks, knowing your rights, and taking proactive steps to protect yourself are essential. If you believe you’ve been injured by PFAS exposure, consulting with an experienced attorney is crucial to explore your legal options and pursue the compensation you deserve.